R v Gordon (No 2)

[2019] ACTSC 254

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Gordon (No 2)

Citation:  

[2019] ACTSC 254

Hearing Date:

5 August 2019

DecisionDate:

5 August 2019

Before:

Mossop J

Decision:

See [42]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentence – possess prohibited substance – intentional wounding – aggravated robbery – close relationship between charges – offending in breach of good behaviour orders including suspended sentences – offender with serious criminal history – offender’s previous opportunities for rehabilitation not embraced – sentences of imprisonment – suspended sentences imposed

Legislation Cited:

Crimes Act 1900 (ACT), ss 21, 160

Crimes (Sentence Administration) Act2005 (ACT), s 110
Criminal Code 2002 (ACT), ss 310(b), 361(1)

Drugs of Dependence Act 1989 (ACT), s 171(1)(b)

Cases Cited:

R v Gordon [2018] ACTSC 94

R v Henry [1999] NSWCCA 111; 46 NSWLR 346

Parties:

The Queen (Crown)

Isaac John Gordon (Offender)

Representation:

Counsel

M Fernandez (Crown)

B Shelton (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Sharman Robertson Solicitors (Offender)

File Numbers:

SCC 139 of 2019

SCC 321 of 2017

MOSSOP J:

Introduction

1. The offender, Isaac Gordon, has pleaded guilty in the Magistrates Court to the following offences:

a) one count of possessing a prohibited substance, namely 3,4‑methylenedioxymethamphetamine (MDMA) contrary to s 171(1)(b) of the Drugs of Dependence Act 1989 (ACT), the maximum penalty being imprisonment for two years, 50 penalty units or both (CC2019/4899);

b) one count of intentionally wounding another person contrary to s 21 of the Crimes Act 1900 (ACT), the maximum penalty being imprisonment for five years (CC2019/4901);

c) one count of aggravated robbery contrary to s 310(b) of the Criminal Code 2002 (ACT), the maximum penalty being imprisonment for 25 years, 2500 penalty units or both (CC2019/5920).

1. The offending puts him in breach of a number of good behaviour orders, some of which are associated with suspended sentences. I will return to these offences later in the reasons.

Facts

1. The facts were agreed. In summary they were as follows.

1. On Sunday, 28 April 2019, the offender was seated in the rear passenger seat of a vehicle parked in the Ngunnawal shopping centre carpark. The offender was wearing a black jacket. The victim, a young man, and two others were also in the vehicle. The victim was sitting in the front passenger seat of the vehicle with the window down. The offender left the vehicle with his brother, who was one of the other males seated in the vehicle, to access an Automatic Teller Machine (ATM). Upon returning, the offender approached the victim from behind, reached through the open window and placed a knife at his throat. The offender said “give me your stuff or I’ll kill you, I’ve just been to gaol for two years”. The offender asked for cash and various items in the vehicle. Upon the victim’s refusal the offender began to stab him four to five times with a 30cm kitchen knife. The victim was effectively trapped in the…